Virginia Beach Car Accident Lawyer

A car accident in Virginia Beach can change your life in moments. Painful injuries, growing medical expenses, and missed time at work can place heavy stress on you and your family.

Insurance companies often pressure victims into accepting quick settlement offers, which may leave important costs unpaid and ongoing medical treatment uncovered. At the same time, valuable evidence can be lost, and Virginia’s strict contributory negligence rule makes recovery even more difficult.

The Virginia Beach car accident lawyers at Montagna Law provide representation throughout the process. Our legal team gathers police reports, medical records, and other evidence, communicates with insurance companies, and advocates for fair compensation while you focus on recovery. Call 757-622-8100 or use our contact form to schedule a free consultation.

Why Should You Hire a Virginia Beach Car Accident Lawyer?

Choosing to work with a car accident lawyer in Virginia Beach can strongly affect the direction of your claim. The outcome often depends on the extent of your injuries, how fault is determined, and whether the collision disrupted your ability to work or created long-term health issues.

An auto accident attorney can assess the details of your case, handle communication with insurers, and present a claim for the full range of damages available under Virginia law. Montagna Law has guided many clients in Virginia Beach through this process and fought for results that reflect their needs. Because our law firm operates on a contingency fee basis, you will not owe legal fees unless compensation is obtained.

Why Work With Montagna Law’s Virginia Beach Car Accident Lawyers

Our Virginia Beach car accident attorneys have years of experience representing injured victims and their families. We build strong cases by carefully documenting evidence, presenting facts clearly, and challenging insurance companies that attempt to undervalue personal injury claims.

Our law office combines careful preparation with compassionate guidance. With extensive knowledge of various practice areas and the local Virginia court system, Montagna Law works to protect your rights and pursue fair results in your case.

Contingency Fee Representation

At Montagna Law, our Virginia Beach car accident attorneys represent clients on a contingency fee basis. This means you do not pay legal fees unless compensation is recovered. This arrangement allows injured victims to pursue a personal injury claim in Virginia without the stress of upfront costs.

Proven Case Results

Montagna Law has a track record of successfully handling many car accident cases across Virginia Beach and the Hampton Roads region. Our attorneys have recovered compensation for clients by documenting injuries thoroughly, presenting evidence in court, and challenging insurance company settlement tactics. While every case is different, these settlements and verdicts reflect our commitment to advocating for car crash victims and their families.

Our Client Testimonials

“Mr.Montagna was an absolute pleasure on the phone and in person! My friend recommended me to him, and I couldn’t have been happier with my decision! Grace was also such a delight to hear from; she always had the best attitude! Mr. Montagna went above and beyond to make sure I would be treated fairly, and with that being said, if I could give him and Grace 10 stars, I would! Thank you to Montagna Law for helping me feel valued!” — Anita

“My family’s experience with Montagna Law was amazing to say the least. They were dedicated and determined to get the best outcome for my daughter. A huge shout-out to the entire team for all of their dedication and hard work!! I can’t thank you enough.” — Cynthia

How Can a Virginia Beach Personal Injury Lawyer Help You?

At Montagna Law, our Virginia Beach car accident attorneys guide injury victims through the legal process every step of the way to pursue a fair settlement for your case. Our team can:

• Collect and analyze police reports, medical records, and other documentation to support your case.
• Speak with witnesses and consult with accident reconstruction professionals when needed.
• Manage communications with insurance companies so you are not pressured into unfair settlements.
• Prepare and file the necessary legal documents in Virginia courts.
• Represent your interests in settlement negotiations and present evidence on your behalf.
• Take your case to trial if the insurance company refuses to offer a fair resolution.

What Types of Car Accident Cases Does Montagna Law Handle in Virginia Beach?

Montagna Law represents clients in Virginia Beach who have been injured in many types of motor vehicle accidents, including:

• Head-on collisions
• Rear-end and side-impact (T-bone) crashes
• Rollover and multi-vehicle accidents
• Hit-and-run crashes
• Distracted driving or DUI-related collisions
• Backing accidents
• Crashes involving cars and motorcycles
• Collisions involving commercial trucks

Each type of accident presents distinct challenges, and insurance companies often attempt to limit compensation. Montagna Law works to document your case, challenge unfair tactics, and pursue accountability, allowing you to focus on recovery.

The Reality of Car Accidents in Virginia Beach

Car accidents remain a serious problem across Virginia, leaving thousands of families dealing with sudden loss and overwhelming injuries each year. According to the 2024 data from the Virginia Highway Safety Office, there were 129,244 crashes statewide, resulting in 918 deaths and 64,086 injuries. In Virginia Beach, 5,272 crashes were reported in 2024, leading to 24 fatalities and more than 2,600 injuries.

Many of these collisions were caused by preventable behaviors such as distracted driving, speeding, or driving under the influence. For victims, the impact often extends far beyond the crash itself — medical bills begin to pile up, income is lost during recovery, and emotional stress weighs heavily on families.

Insurance companies may attempt to downplay the seriousness of these losses. Working with Montagna Law gives victims a legal advocate to confront insurers and pursue fair compensation, helping you take steps toward recovery.

What Causes Car Accidents in Virginia Beach?

Many Virginia Beach car accidents are linked to preventable driver behavior or unsafe conditions, including:

• Reckless actions such as speeding, distracted driving, or driving under the influence.
• Hazardous weather like rain, ice, or fog requires extra caution.
• Inexperienced drivers, particularly teens, may misjudge traffic conditions.
• Intersection collisions caused by failing to yield, running red lights, or following too closely.
• Lane-change or sideswipe crashes occur when drivers drift or overlook blind spots.
• Multi-vehicle pileups that result from chain reactions on busy roads.
• Single-vehicle crashes caused by speeding, mechanical problems, or driver error.

Identifying the cause of an accident is critical for determining liability. Montagna Law carefully examines the circumstances surrounding each case to hold the appropriate parties accountable and pursue compensation for victims.

Serious Injuries Victims Often Suffer in Virginia Beach Car Accidents

Car accidents in Virginia Beach can cause injuries that change every part of a victim’s life — physically, emotionally, and financially. Some of the most common include:

• Traumatic brain injuries.
• Damage to the spinal cord.
• Soft tissue injuries such as whiplash.
• Broken bones and fractures.
• Amputations.
• Severe skin injuries, including road rash or burns.

Prompt medical care is essential, even if you believe your injuries are minor. Seeing a doctor not only protects your health but also creates documentation that links your condition to the crash. Once you have received treatment, Montagna Law can review your situation, handle pushback from insurance companies, and pursue compensation for the losses you are facing.

Steps to Take After a Car Accident in Virginia Beach

Safe driving habits cannot always prevent an accident. If you are involved in a crash in Virginia Beach, these steps can help protect your health and your legal rights:

• Call 911. Request emergency responders immediately if anyone is injured. Move to a safe location if possible.
• Seek medical attention. Even if injuries seem minor, see a healthcare professional. A medical evaluation protects your health and creates a record of the crash.
• Report the accident. Police will document the accident scene, collect statements, and prepare an official report.
• Gather evidence. Take photos or videos of the vehicles, the scene, and any visible injuries. Collect witness information when possible.
• Exchange information. Share names, addresses, phone numbers, and insurance details with the other drivers involved.
• Be careful with insurance companies. Notify your insurer, but avoid detailed statements until you speak with a lawyer. Do not admit fault at the scene.
• Do not accept quick settlements. Early offers often undervalue the long-term costs of medical treatment, physical therapy, lost income, and pain and suffering.
• Contact an auto accident lawyer. At Montagna Law, our personal injury lawyers can evaluate your case, communicate with insurers, and pursue compensation while you focus on recovery.

What Are Your Legal Options After a Car Accident in Virginia Beach?

If you are injured in a Virginia Beach car accident, you may have different legal options depending on the circumstances:

• Filing an insurance claim against the at-fault driver’s policy.
• Bringing a personal injury lawsuit to recover damages such as medical expenses, lost wages, and pain and suffering.
• Filing a wrongful death lawsuit if a family member was killed in the crash.

Insurance Claims vs. Personal Injury Lawsuits

After a car accident in Virginia Beach, you may pursue compensation in two primary ways:

• Insurance claim. You can file with your own insurer or the at-fault driver’s provider. This process may cover medical bills and lost wages, but insurance companies often attempt to minimize payouts.
• Personal injury lawsuit. If negotiations fail or the insurer denies your claim, you may file a lawsuit in Virginia courts to seek economic and non-economic damages.

Even when filing an insurance claim, working with Montagna Law can help protect your rights and push back against undervalued offers.

Is Virginia a No-Fault State for Car Accidents?

Virginia is not a no-fault state. Instead, it follows a fault-based system, meaning the driver who causes the accident is responsible for covering injuries and losses through their insurance.

Because multiple factors may contribute to a crash, it is important not to admit fault at the scene or in conversations with insurance adjusters. Consulting Montagna Law can help you understand how liability is determined and protect your rights during the claims process.

Who May Be Liable in a Virginia Beach Car Accident?

More than one party may be legally responsible for a Virginia Beach car accident. Identifying all sources of liability is critical to building a strong claim. Potentially responsible parties can include:

• The at-fault driver.
• Other motorists whose actions contributed to the crash.
• Commercial vehicle companies if an employee caused the accident while on the job.
• Government agencies responsible for maintaining safe roads and traffic signals.

Montagna Law investigates the circumstances of each case to determine who should be held accountable and to pursue the compensation victims deserve under Virginia law.

How Do You Know if You Have a Car Accident Case?

A valid car accident claim in Virginia usually requires showing that another party was negligent, that the crash caused your injuries, and that you suffered measurable losses such as medical expenses or lost income. A Virginia Beach car accident attorney can evaluate these elements and explain your options.

Questions to consider include:

• Was another driver acting recklessly, distracted, or impaired?
• Did the accident directly cause your injuries or financial losses?
• Do you have medical bills, missed wages, or ongoing pain and suffering?
• Could Virginia’s contributory negligence rule affect your ability to recover compensation?

How Long After a Car Accident Can You Sue in Virginia Beach?

Under Virginia Code § 8.01-243, you generally have two years from the date of a car accident to file a personal injury lawsuit. This statute of limitations is strict, and courts rarely grant exceptions once the deadline has passed.

Two years can pass quickly when you are focused on medical treatment and recovery. Building a strong case requires time to collect records, secure evidence, and review witness statements. Contacting Montagna Law early gives you the support needed to keep your claim on track.

What’s My Virginia Beach Car Accident Case Worth?

The value of a Virginia Beach car accident case depends on many factors specific to your situation. Important considerations include:

• Medical expenses, including past treatment and future care needs.
• Lost income and reduced earning capacity.
• Pain, suffering, and emotional distress.
• Long-term care or rehabilitation for serious injuries.

No attorney can give an exact figure at the beginning of a case. The potential value depends on the evidence available, the extent of your injuries, and how Virginia courts apply the law. Montagna Law carefully reviews these factors to pursue fair compensation for victims.

Damages Available After a Car Accident in Virginia Beach

If another driver’s negligence caused your injuries, you may be entitled to different types of damages under Virginia law. These generally fall into the following categories:

Economic Damages

These cover financial losses that can be documented, such as:

• Medical expenses from emergency care through rehabilitation.
• Lost income and benefits during your recovery.
• Ongoing treatment costs and rehabilitation needs.
• Reduced earning capacity if your injuries affect future employment.

Non-Economic Damages

These address losses that are harder to measure but deeply affect your quality of life, including:

• Pain and suffering.
• Emotional distress.
• Disfigurement or permanent scarring.
• Loss of enjoyment of life.
• Loss of companionship.

Punitive Damages

Punitive damages are rare in car accident cases. Virginia courts may award them if the at-fault driver engaged in reckless conduct such as drunk driving or street racing. Their purpose is to punish dangerous behavior and deter similar actions.

Wrongful Death Damages

When a car accident causes a fatality, surviving family members may file a wrongful death claim under Virginia Code § 8.01-50. These claims must typically be filed within two years from the date of death, which may differ from the accident date. Compensation can include funeral expenses, lost income, and the emotional loss of a loved one’s guidance and support. Montagna Law guides families through this process with care and works to hold negligent drivers accountable.

How Does Contributory Negligence Work in Virginia Beach?

Virginia is one of only a few states that applies pure contributory negligence. This rule means that if you are found even 1% at fault for a crash, you cannot recover compensation.

Insurance companies often rely on this rule to deny claims or shift blame to injured drivers. To counter these tactics, Montagna Law:

• Reviews and challenges accident reports or witness statements.
• Works with accident reconstruction professionals when needed.
• Collects evidence to demonstrate the other driver’s full responsibility.

Because contributory negligence creates such a high bar for recovery, it is especially important to build a strong case with clear evidence.

How Insurance Companies Handle Car Accident Claims in Virginia Beach

Insurance companies often work to limit payouts after a car accident. Their tactics can put victims at a disadvantage, including:

• Offering quick settlements before the full extent of injuries is understood.
• Downplaying or disputing medical conditions, sometimes calling them preexisting.
• Shifting blame to the injured person to reduce or deny compensation.

Speaking directly with adjusters can harm your claim because your words may be used against you. Montagna Law manages communication with insurers, helping protect your rights and pursuing fair treatment during the claims process.

What Happens if the Other Driver Doesn’t Have Insurance?

If the driver who caused your accident does not have insurance, you may still be able to pursue compensation. Many Virginia drivers carry uninsured or underinsured motorist (UM/UIM) coverage, which can help cover medical bills and other losses in these situations. In certain cases, it may also be possible to file a lawsuit directly against the at-fault driver.

UM/UIM claims are often complex, and insurers may dispute coverage or attempt to limit payment. Since July 2023, Virginia UIM policies issued or renewed after that date now typically provide additional coverage on top of the at-fault driver’s limits. Montagna Law reviews your policy carefully, explains your full options, and negotiates directly with insurers so you can focus on recovery.

How Long Does It Take to Settle a Car Accident Claim?

The time needed to resolve a Virginia Beach car accident claim depends on the unique facts of each case. Factors that may affect the process include:

• The severity of injuries.
• The length of medical treatment and recovery.
• Whether liability is disputed.
• How the insurance company responds to settlement discussions.

If settlement negotiations stall, filing a lawsuit may become necessary. Beginning the process with Montagna Law early allows our team to preserve evidence, address liability issues, and strengthen your position in negotiations or in court.

Schedule a Free Consultation With Montagna Law

A car accident can leave you with mounting medical bills, missed work, and uncertainty about the future. You do not have to go through this process on your own. Montagna Law has represented car accident victims throughout Virginia Beach and the Hampton Roads region, guiding clients through every step of the claims process.

If you or a loved one has been injured in a crash, contact Montagna Law at 757-622-8100 or fill out our online contact form to schedule a free consultation.

Frequently Asked Questions

Will My Car Accident Case Go to Court?

Most Virginia Beach car accident claims are resolved through settlement rather than trial. A case may go to court if liability or damages are disputed. Montagna Law prepares each case thoroughly, so if a trial becomes necessary, our team is ready to present evidence and advocate for fair compensation.

What Should I Bring to My Initial Consultation With a Virginia Beach Car Accident Lawyer?

To prepare for your initial consultation, it helps to bring:

• The police accident report.
• Medical records related to the crash.
• Photos of the scene and any visible injuries.
• Your insurance policy information.
• Written communication with insurance companies.
• Documentation of medical bills, lost wages, and other expenses.

These materials give your legal representation a better understanding of your situation and help your personal injury attorney evaluate your legal options.

Can I Still Recover Compensation if I Wasn’t Wearing a Seatbelt?

Yes. Under Virginia law, not wearing a seatbelt cannot be used as evidence of negligence in a personal injury case. You may still pursue damages such as medical expenses, lost wages, and pain and suffering.

How Are Medical Bills Paid While My Case Is Pending?

While your case is pending, medical treatment is often billed through your health insurance or MedPay coverage. If another driver is found at fault, their insurer may later reimburse these costs.